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(영문) 대전지방법원 천안지원 2018.02.06 2017고단2420
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a Csch Rexton car in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Road Traffic Act.

On September 1, 2017, the Defendant driving the said car without obtaining a driver’s license, and driving the said car at a speed of about 20 to 30km in speed from the westside to the front side of the wall mountain apartment in the Nam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seoul.

On the other hand, there is an intersection in which signal lights are installed, and in such a case there was a duty of care to prevent accidents in advance, such as reducing speed and maintaining a safe distance by properly examining the front line in preparation for the change of vehicle signal to a stop signal to the driver of the vehicle.

Nevertheless, the Defendant neglected to stop the vehicle in front of the Defendant’s passenger vehicle by negligence, and found that the Enictor, which is driven by the victim D (40 cc) in front of the Defendant’s passenger vehicle, was immediately stopped and operated, but the Defendant did not avoid the vehicle but did not shock the part behind the vehicle in front of the said luctor’s vehicle.

Ultimately, the Defendant suffered injury to the victim D and F, G, and H, respectively, in the foregoing occupational negligence, in the light of approximately two weeks of treatment for the said victim D and the said U.S. passenger car, and at the same time, damaged the victim I’s U.S. car to approximately KRW 2,1640,000,000 for repair costs.

2. Around September 17:35, 2017, the Defendant was driving a Csch Rexton car without a driver’s license on a approximately four km section from the Asan-si, Masan-si, Seocheon-si, Nam-gu, Southern-gu, Chungcheongnam-gu, Seoul-do, to the front road of the Jinsan-dong, Nam-gu, Chungcheongnam-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. The actual survey report and each photograph;

1. A written inquiry into the terms of an automobile insurance contract;

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